New bill containing various urgent tax measures adopted by Belgian Parliament
On 9 July the Federal Parliament adopted a new bill containing various tax measures. This is the third Federal tax law aimed at mitigating the far reaching impact of COVID-19 for businesses. Previous laws aimed to fiscally support business were adopted in May and June. (see previous tax alerts in this regard: link & link). Earlier this week the fiscal relaunch stimulus, known as the ‘reconstitution reserve’ that was not approved as part of the second batch of measures and reintroduced via separate law proposition, was also adopted by the Finance Commission on 7 July. This initiative would be put to the vote in plenary session next week.
Bill containing various urgent tax measures
The new bill mainly contains measures both aimed at increasing investments in and reducing costs for businesses.
Proposition of law introducing a reconstitution reserve for companies
As part of a separate proposition of law, the so-called ‘recovery reserve’ for companies to help reconstitute their solvability that has suffered due to the COVID-19 outbreak, was adopted by the Finance Commission on July 7th.
In practice this reserve would allow companies, during 3 consecutive taxable periods relating to tax years 2022, 2023 and 2024, to exempt profits corresponding to the amount of losses they have incurred in 2020, under the conditions of maintaining their equity position as well as at least 85% of their existing employment spend. The reserve is subject to the intangibility condition, meaning that the reserve may become taxable ultimately at the occasion of a liquidation of the company, or use of the reserve (such as distribution).
The measure would not apply to:
- Companies performing a capital decrease, a share buy-back or paying dividends in the period from 12 March 2020 until the day of filing the tax return relating to a tax year in which a reserve is built up;
- Companies making payments to companies located in tax havens (unless supported from an economic perspective and unless they do not exceed 100k€) or having share participations in companies situated in tax havens;
- Companies that benefit from a special tax regime such as cooperative participation companies, companies subject to the special tax regime for shipping companies, real estate investment companies, …
As regards the COVID-19 carry-back of losses and the reconstitution reserve, EY has scheduled a Dutch and a French webinar on this topic. Click here to register for one of the sessions.